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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.
(2) the date of this judgment.
Reasons
Punishment of the crime
Defendant
A From October 2014, from around 2014, those who requested a vehicle as collateral and those who had been engaged in the business of acquiring part of interest as a fee by connecting funds such as victims E and F, and storing collateral vehicles on behalf of creditors. Defendant B is a person who has no certain occupation and has no job and is a part of the society of Defendant A.
1. Occupational embezzlement of Defendant A;
A. On April 2015, the Defendant, at the office of the Defendant located in Daejeon Dong-gu Daejeon, offered a loan of KRW 12 million to the victim E as collateral for the instant car owned by H. On April 2015, the Defendant: (a) borrowed KRW 20 million on a personal basis from J around October of the same year while the Defendant was in custody in order to exercise the security right of the victim of the said car that was provided as collateral; (b) embezzled the said car with one of the above mixed code car to J at will.
B. The Defendant had the victim E lend 40 million won to the Defendant on the security of the passenger car by re-checking the owner’s nonperformance.
On September 17, 2015, the Defendant received KRW 40 million from the injured party, and was in custody for the purpose of lending it to Sung-sungK. On the same day, the Defendant lent KRW 17 million out of the same day to K via L, and the remaining KRW 23 million was arbitrarily consumed for living expenses, etc., and embezzled the victim’s property.
2. On July 14, 2015, the Defendants provided that “Defendant B carries on the merchandise coupon withdrawal business” to the said victim E at the mutual infinite coffee shop located in the Geumsan-gun, Chungcheongnam-gu, Chungcheongnam-do, and received a remittance of KRW 49 million in the name of the investment money from the person who believed that he/she would be able to carry on the merchandise coupon withdrawal business, and that he/she would receive 15% of the profits if he/she made an investment in a good business.”
However, Defendant B did not have a specific plan to conduct the merchandise coupon withdrawal business, and it did not have a certain occupation and income and did not return the said investment amount.